According to the ever-reliable Sudan Vision Daily, the Pre-Trial Chamber has already decided to issue the arrest warrant for Bashir: The entire Sudanese people will not be surprised if the International Criminal Court issued an arrest warrant against the Sudanese President Omer Al-Bashir because the decision of the ICC judges was circulated by the UN chief Ban KI-moon, the US State...
Comments like this one, made not by some obscure commenter but by David Bernstein, a law professor at George Mason and a member of The Volokh Conspiracy, in response to my Dershowitz post below: Herein the phoniness of international law. Humble Law Student has raised several significant questions with Heller’s analysis, including whether it matters under international law, as it surely...
Alan Dershowitz published an editorial yesterday in the Wall Street Journal that argues Israel's attacks on Hamas in Gaza are "perfectly proportionate." I have no desire to argue the substance of that point, in part because views on Israel and Palestine are largely impervious to facts or argument (on both sides), but largely because the concept of proportionality is so...
As I have mentioned before, France and the UK have expressed their willingness to support deferring the ICC's investigation of Bashir if the Sudan prosecutes Ahmed Haroun and Ali Kushayb domestically. It doesn't look like the Sudan is going to take them up on their offer: [Ali Karti, the State Minister at Sudan's Ministry of Foreign Affairs] reiterated the ability of...
The Jordanian Bar Association (JBA) is on a roll. In addition to participating in the seminar I discussed in my last post, the JBA has also asked the Jordanian government -- Jordan is one of three Arab states that have ratified the Rome Statute -- to formally request the ICC's Assembly of States Parties (ASP) remove Moreno-Ocampo from office because...
I know, fisking pro-Bashir propaganda is kind of a pointless task, but the article made me mad with its shameless inaccuracy. It's unfortunate that so many Arab readers -- the original article was published in the Al Rai Jordanian Daily -- are exposed to this kind of garbage concerning the ICC and Darfur. Without further ado, the fisking...
Two interesting articles today about countries that want the ICC to get involved in their internal problems. First, the Indian government apparently wants the Court to prosecute Pakistanis who are responsible for masterminding terrorist attacks, including the recent attack in Mumbai: "[h]ighly placed government sources have told TIMES NOW that decks are being cleared by New Delhi to get the...
Scott Horton has a typically excellent post today at Harpers.org discussing the perversity of right-wing commentators who defend the use of torture. But I was troubled by the following comment about the ICC, which he offers in agreement with an old editorial by David Rivkin and Lee Casey: Rivkin’s history is much like that of Reynolds and Goldberg. Back when the...
Having finally resolved the disclosure issue, the Lubanga trial is set to begin on January 26, a little more than one month from today. Unfortunately, the problems with the case continue: The senior trial lawyer in charge of the first case to be tried at the International Criminal Court has been taken off the case little more than...
A lawyer and human-rights activist with whom I spent some time while I was in Sarajevo, Adnan Kadribasic, has given me permission to turn his comment to my Karadzic post into a post of its own. I think it's remarkable, and I want everyone to see it. Here it is, edited only for typos: Dear Kevin, I support all of your...
My friend (and OJ alum) Marko Milanovic has a superb post today on the new EJIL: Talk! about the strengths and weaknesses of the Genocide Convention. Here is a taste: Before we ask ourselves whether the Convention does what it was supposed to do, we need to look at what it actually says. And it says very, very little. The definition...
A number of readers have e-mailed to ask why, given my interest in all things ICTY, I have not said anything about the Karadzic case. The answer is relatively simple: I have been serving for the past two months as one of Dr. Karadzic's primary legal advisers, which raises a number of complicated issues vis-a-vis blogging. On the one hand,...
